ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The Petitioner is before this Court seeking for the following reliefs:
i. Issue a writ of certiorari quashing/set aside the order dated 06.03.2025 passed in
O.S.No.222/2022 rejecting I.A.No.IV by the Learned Prl. Civil Judge and JMFC Hosapete, vide Annexure-H.
ii. The Petitioner prays to pass necessary orders allowing the I.A.No.IV filed by the Petitioner in O.S.No.222/2022 by the Learned Prl. Civil Judge and JMFC Hosapete.
iii. Issue orders, direction or writ which deems fit under the circumstances of the case.
2. Respondent No.1 had filed a suit against Respondent No.2 in O.S.No.222/2022 seeking a permanent injunction restraining the defendant therein from interfering with his peaceful possession and enjoyment of the plaintiff. In the said suit, the Petitioner had filed an application under Rule 10 of Order I of the Code of Civil Procedure to come on
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record claiming that the Petitioner is the power of attorney holder of the defendant; there is an interest which has been created in respect to said land in favour of the Petitioner and as such, the Petitioner is required to be brought on record to protect the interest of the Petitioner. The said application having been dismissed, the Petitioner is before this Court seeking the aforesaid reliefs.
3. The submission of learned counsel for the Petitioner is that, there being a power of attorney which is coupled with interest, it was required for the Court to allow the application, permit the Petitioner to come on record in terms of Section 202 of the Indian Contract Act, 1872.
4. Heard Sri.A.A.Pathan, learned counsel for the Petitioner and perused the papers.
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5. The suit in the present matter in O.S.No.222/2022 is one which has been filed seeking an injunction restraining the defendant therein from interfering with the peaceful possession and enjoyment of the plaintiff. The specific allegation which has been made is a personal allegation insofar as the defendant is concerned. The Petitioner, who claims to be a power of attorney holder of the defendant, has no independent right, title or interest over the property. That apart, the defendant has already entered an appearance in the said suit and is contesting the suit by himself. Such being the case, the power of attorney cannot claim to have a better right than the defendant who has issued the power of attorney, who has come on record and is defending the suit, more so when there is no allegation of collusion or fraud made.
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6. In that view of the matter, I do not find any infirmity in the order passed by trial Court. The Writ Petition stands dismissed at the stage of admission itself.
Sd/-
(SURAJ GOVINDARAJ)
JUDGE
PRS
List No.: 1 Sl No.: 14